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SUPREME PEOPLE’S PROCURACY
- MINISTRY OF PUBLIC SECURITY - MINISTRY OF NATIONAL DEFENSE OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 01/2026/TTLT-VKSNDTC-BCA-BQP
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Hanoi, January 28, 2026
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JOINT CIRCULAR
COOPERATION
BETWEEN INVESTIGATION AUTHORITY AND PROCURACY IN IMPLEMENTATION OF CRIMINAL
PROCEDURE CODE
Pursuant to the Criminal Procedure Code No. 101/2015/QH13, amended by
Law No. 02/2021/QH15, Law No. 34/2024/QH15, Law No. 59/2024/QH15, and Law No.
99/2025/QH15;
Pursuant to the Law on Promulgation of Legislative Documents No.
64/2025/QH15, amended by Law No. 87/2025/QH15;
The Prosecutor General of the Supreme People’s Procuracy of Vietnam, the
Minister of Public Security of Vietnam, and the Minister of National Defense of
Vietnam jointly promulgate the Circular on the cooperation between the
Investigation Authority and the Procuracy in the implementation of the Criminal
Procedure Code.
Article 1. Scope
This
Joint Circular provides for cooperation between the Investigation Authority and
the Procuracy in the implementation of the Criminal Procedure Code, regarding
the filing of charges, investigation, and prosecution.
Article 2. Regulated entities
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2.
People’s Procuracies and Military Procuracies at all levels (hereinafter
referred to as “Procuracy”).
3.
Presiding officers of the agencies specified in Clauses 1 and 2 of this
Article.
4.
Other relevant agencies, organizations, and individuals.
Article 3. Principles of cooperation
1.
Ensuring strict compliance with the functions and tasks of each agency in
accordance with the law.
2.
Ensuring that the implementation is on a regular basis, and that cases and
matters are handled promptly, timely, and in accordance with the law.
3.
Ensuring the protection of state secrets and professional secrets in accordance
with the law and the regulations of each agency.
Article 4. Replacement of presiding officers
1.
Where the Head of the regional Criminal Investigation Authority, the Head of
the provincial Investigation Authority, or the Head of the Military
Investigation Authority at the military zone level acts as a presiding officer
in relation to a case falling into one of the circumstances requiring refusal
to conduct proceedings or replacement as prescribed in Articles 49 and 51 of
the Criminal Procedure Code, the Investigation Authority shall send a written
request to the competent Procuracy to issue a decision transferring the case to
the directly superior Investigation Authority for investigation.
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2.
Where a Deputy Head of the Investigation Authority falls into one of the
circumstances requiring refusal to conduct proceedings or replacement, the Head
of the Investigation Authority shall decide to assign another Deputy Head or
shall directly act as a presiding officer in relation to the case.
3.
Where an Intermediate Investigator or Senior Investigator who is the Chief of
commune-level Police Authority or Deputy Chief of commune-level Police
Authority, assigned by the Head of the provincial Investigation Authority (or a
Deputy Head of the provincial Investigation Authority authorized by the Head)
to conduct activities relating to the filing of charges and investigation of
the case (hereinafter referred to as “assigned Investigator”), falls into one
of the circumstances requiring refusal to conduct proceedings or replacement,
the competent person who has made the assignment shall have the authority to
decide the replacement.
4.
Where an Investigator or Investigation Officer falls into one of the
circumstances requiring refusal to conduct proceedings or replacement, a
Procurator shall immediately confer with the Investigator or Investigation
Officer so that such person refuses to conduct proceedings. If the Investigator
or Investigation Officer disagrees, the Procurator shall issue a written
request to the Head or Deputy Head of the Investigation Authority, or to the
assigned Investigator, requesting consideration of the replacement of the
Investigator or Investigation Officer, or report to the Chief Prosecutor or
Deputy Chief Prosecutor of the competent Procuracy to issue a written request
to the Head or Deputy Head of the Investigation Authority, or to the assigned
Investigator, requesting consideration of the replacement.
Within
3 days from the date of receipt of the written request from the Chief
Prosecutor, Deputy Chief Prosecutor, or Procurator of the competent Procuracy,
the Head or Deputy Head of the Investigation Authority, or the assigned
Investigator, shall issue a decision to replace the Investigator or
Investigation Officer. Upon disagreement, the Head or Deputy Head of the
Investigation Authority, or the assigned Investigator, shall provide a written
response to the competent Procuracy, specifying the reasons.
5.
Where the Chief Prosecutor of a regional People’s Procuracy, the Chief
Prosecutor of a regional Military Procuracy, the Chief Prosecutor of a
provincial People’s Procuracy, or the Chief Prosecutor of a military-zone-level
Military Procuracy falls into one of the circumstances requiring refusal to
conduct proceedings or replacement as prescribed in Articles 49 and 52 of the
Criminal Procedure Code, the Procuracy shall immediately report to the Chief
Prosecutor of the directly superior Procuracy for a decision assigning a Deputy
Chief Prosecutor of that Procuracy to act as a replacement and send the
assignment decision to the Investigation Authority handling the case. Where
such Procuracy has no Deputy Chief Prosecutor, or the Deputy Chief Prosecutor
falls into one of the circumstances requiring refusal to conduct proceedings or
replacement, the Investigation Authority and the Procuracy shall report to the
directly superior Investigation Authority and Procuracy of the competent
Procuracy so that the directly superior Investigation Authority withdraws the
case for investigation. Where the competent Procuracy is a regional People’s
Procuracy, the Chief Prosecutor of the provincial People’s Procuracy shall
assign a Deputy Chief Prosecutor of the provincial People’s Procuracy as the
replacement and send the assignment decision to the Investigation Authority
handling the case.
6.
Where a Deputy Chief Prosecutor falls into one of the circumstances requiring
refusal to conduct proceedings or replacement, the Chief Prosecutor shall
decide to assign another Deputy Chief Prosecutor or shall directly act as a
presiding officer in relation to the case.
7.
Where the Investigation Authority finds that a Deputy Chief Prosecutor,
Procurator, or Examiner falls into one of the circumstances requiring refusal
to conduct proceedings or replacement, the Investigation Authority shall issue
a written request stating the reasons for the Chief Prosecutor or Deputy Chief
Prosecutor of the competent Procuracy to consider and decide.
Within
3 days from the date of receipt of the written request from the Investigation
Authority, if there are sufficient grounds, the Chief Prosecutor or Deputy
Chief Prosecutor of the competent Procuracy shall issue a decision replacing
the Deputy Chief Prosecutor, Procurator, or Examiner; if there are no
sufficient grounds, a written response stating the reasons shall be sent to the
Investigation Authority.
8.
Where the Head of the Investigation Authority or the Chief Prosecutor directly
acts as a presiding officer in relation to the case, the Head of the
Investigation Authority shall issue a written notice to the competent
Procuracy, and the Chief Prosecutor of the competent Procuracy shall issue a
written notice to the Investigation Authority.
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Documents
concerning the assignment or replacement of the Chief Prosecutor, Deputy Chief
Prosecutor, Procurator, or Examiner as prescribed in Clauses 5, 6, 7, and 8 of
this Article must be sent to the Investigation Authority and included in the
case file.
Article 5. Amendment or annulment of orders and decisions
of Head/Deputy Head of Investigation Authority, or assigned Investigator
1.
For orders or decisions issued by the Head of the Investigation Authority that
have been sent to the competent Procuracy, if grounds are discovered to require
amendment or annulment, the Head of the Investigation Authority shall issue a
written request to withdraw such order or decision to issue an amended decision
or request the competent Procuracy to annul it. If the competent Procuracy
discovers such grounds, it shall request the Head of the Investigation
Authority to issue a decision amending the order or decision or to issue a
written request to the competent Procuracy to annul it. If the Investigation
Authority disagrees, the competent Procuracy shall consider deciding the
amendment or annulment in accordance with the Criminal Procedure Code.
2.
For orders or decisions issued by a Deputy Head of the Investigation Authority
or by an assigned Investigator, which have been sent to the competent
Procuracy, if grounds are discovered to require amendment or annulment, the
matter shall be handled in cooperation as follows:
a)
The Head of the Investigation Authority or a Deputy Head of the provincial
Investigation Authority authorized by the Head (hereinafter referred to as
“authorized Deputy Head of the Investigation Authority”) shall issue a written
request to withdraw the order or decision of the Deputy Head of the
Investigation Authority or the assigned Investigator, and issue a decision
amending or annulling such order or decision;
b)
If the competent Procuracy discovers such grounds, it shall request the Head of
the Investigation Authority or the authorized Deputy Head of the Investigation
Authority to issue a decision amending or annulling the order or decision; if
the Investigation Authority disagrees, the competent Procuracy shall consider
deciding the amendment or annulment in accordance with the Criminal Procedure
Code.
3.
For orders or decisions issued by the Head or Deputy Head of the Investigation
Authority or by the assigned Investigator, already approved by the competent Procuracy,
if grounds are discovered to require amendment or annulment, the Head of the
Investigation Authority and the Chief Prosecutor of the competent Procuracy
shall cooperate in handling the matter as follows:
a)
If discovered by the Investigation Authority, the Head of the Investigation
Authority or the authorized Deputy Head of the Investigation Authority shall
issue a written request to the competent Procuracy, or recommend the directly
superior Procuracy, to consider deciding the amendment or annulment; if the
Procuracy disagrees, it shall issue a written notice, specifying the reasons;
b)
If discovered by the competent Procuracy, the Chief Prosecutor shall consult
with the Head of the Investigation Authority or the authorized Deputy Head of
the Investigation Authority before considering and deciding the amendment or
annulment;
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Article 6. Responsibilities of Investigation Authority in
implementing requests and decisions of Procuracy
1.
During the stages of the filing of charges, investigation, and prosecution, the
Investigation Authority shall implement the requests and decisions of the
Procuracy in accordance with Articles 162, 167, 236, and 238 of the Criminal Procedure
Code.
2.
With respect to the decisions prescribed in Clause 1 and Clause 6 Article 159,
Point b Clause 1 Article 161, and Clauses 4 and 5 Article 165 of the Criminal
Procedure Code, if the Investigation Authority disagrees, it shall still
implement them but has the right to petition the directly superior Procuracy of
the competent Procuracy to consider resolving the matter. If the Investigation
Authority is a central Investigation Authority, it shall petition the
Prosecutor General of the Supreme People’s Procuracy of Vietnam or the Chief
Prosecutor of the central Military Procuracy for consideration and resolution.
If the superior Procuracy agrees with the petition of the Investigation
Authority, it shall annul the decision of the subordinate Procuracy; if it
disagrees, it shall issue a written notice to the petitioning Investigation
Authority and the subordinate Procuracy, specifying the reasons.
Article 7. Filing of criminal charges, exercise of rights
to prosecute, and supervision of filing of criminal charges
1.
Within 3 days from the date of receipt of a decision to file criminal charges
for a criminal case and related documents from the Investigation Authority, the
competent Procuracy shall consider and handle the matter as follows:
a)
If the decision to file criminal charges is lawful and well-grounded, it shall
issue a decision assigning a Procurator and Examiner to exercise the rights to
prosecute and supervise the filing of charges and investigation of the case,
and send the decision to the Investigation Authority;
b)
If the grounds for filing criminal charges are unclear, it shall issue a
written request requiring the Investigation Authority to supplement evidence
and documents for clarification;
c)
If the decision to file criminal charges is unfounded, it shall issue a written
request requiring the Investigation Authority to annul that decision. If the
Investigation Authority disagrees, or if the Head of the Investigation
Authority issued the decision, the competent Procuracy shall issue a decision
annulling the decision to file criminal charges in accordance with Clause 6
Article 159 and Clause 1 Article 161 of the Criminal Procedure Code.
2.
Within 2 days from the date of receipt of a decision not to file criminal
charges for a criminal case and related documents from the Investigation
Authority, the competent Procuracy shall consider and handle the matter as
follows:
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b)
If the grounds are insufficient, it shall issue a written request requiring the
Investigation Authority to supplement evidence and documents;
c)
If the decision not to file criminal charges is unfounded, it shall issue a
written request requiring the Investigation Authority to annul that decision
and issue a decision to file criminal charges for the case. If the
Investigation Authority fails to comply, the competent Procuracy shall annul
the decision not to file criminal charges, issue a decision to file criminal
charges in accordance with Point a Clause 3 Article 153 and Clause 6 Article
159 of the Criminal Procedure Code, and send it to the Investigation Authority
for investigation.
3.
Where the competent Procuracy requests the filing of criminal charges, the
Investigation Authority shall issue a decision to file criminal charges within
3 days from the date of receipt of the request. If the Investigation Authority
fails to do so, the Procuracy shall issue a decision to file criminal charges
in accordance with Clause 3 Article 153 and Point d Clause 1 Article 161 of the
Criminal Procedure Code, and send it to the Investigation Authority for
investigation.
4.
Where criminal charges are filed at the request of the Trial Panel, the
competent Procuracy shall, within 24 hours from issuing the decision, transfer
the decision to file criminal charges and related documents to the competent
Investigation Authority for investigation.
5.
Where criminal charges are filed at the request of the victim, such request
must be made in writing and signed or fingerprinted by the victim or the
victim’s representative. If the victim or representative makes the request in
person, the Investigation Authority or the Procuracy shall prepare a record
specifying the request and obtain the signature or fingerprint of the
requester. Records prepared by the Procuracy must be immediately transferred to
the Investigation Authority for consideration of the filing of criminal charges
and inclusion in the case file.
After
criminal charges have been filed, if the victim or the victim’s representative
withdraws the request while the case is under investigation, or after the
investigation conclusion has been issued but before the file has been
transferred to the competent Procuracy, the Investigation Authority shall
consider suspending the investigation. If the case file has already been
transferred to the competent Procuracy, the Procuracy shall consider suspending
the case.
Article 8. Amendment or supplementation of decision to file
criminal charges
1.
Within 3 days from the date of receipt of the decision on amendment or
supplementation of the decision to file criminal charges and relevant documents
from the Investigation Authority, the competent Procuracy shall consider
handling them as follows:
a)
If the grounds are unclear, it shall issue a written request requiring the
Investigation Authority to supplement evidence and documents for clarification;
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2.
Where there are grounds for amendment or supplementation of the decision to
file criminal charges, the competent Procuracy shall issue a written request;
no later than 3 days from the date of receipt of such request, the
Investigation Authority shall issue a decision on amendment or supplementation
of the decision to file criminal charges; if the Investigation Authority fails
to do so, the competent Procuracy shall issue such decision.
3.
The decision to file criminal charges shall not be amended where, through
investigation, it is determined that the act of the suspect falls under another
clause of the same offense already specified in the charges.
Example:
A decision to file criminal charges and a decision to file charges against a
suspect are issued against Nguyen Van A for the offense of theft of property
under Clause 2 Article 173 of the Criminal Code. During the investigation, if
it is determined that Nguyen Van A’s act of theft falls under Clause 1 or
Clause 3 Article 173 of the Criminal Code, it is not necessary to issue a
decision on amendment of the decision to file criminal charges.
Article 9. Filing of charges against suspects; amendment or
supplementation of decisions to file charges against suspects
1.
The filing of charges against suspects and the amendment or supplementation of
decisions to file charges against suspects shall be carried out in accordance
with Articles 179, 180, and 433 of the Criminal Procedure Code.
After
filing charges against suspects, the interrogation of suspects and the
collection of statements from legal representatives of commercial juridical
persons shall be conducted in accordance with Articles 183 and 442 of the
Criminal Procedure Code.
2.
Within 24 hours from the issuance of a decision to file charges against a
suspect or a decision on amendment or supplementation of the decision to file
charges against a suspect, the Investigation Authority shall submit a written
request to the competent Procuracy for approval, specifying the suspect’s
background, the grounds for filing charges, and the total number of documents
related to the filing of charges against suspects, and the amendment or
supplementation thereof, for the Procuracy’s consideration and approval.
3.
Where the Investigation Authority or the competent Procuracy amends a decision
to file charges against a suspect in accordance with Point a Clause 1 Article
180 of the Criminal Procedure Code, or supplements such decision, and the
decision to file criminal charges has yet to include that offense, then before
issuing the decision on amendment or decision on supplementation of the
decision to file charges against a suspect, a decision on amendment or
supplementation of the decision to file criminal charges must first be issued.
Example
1: The Investigation Authority issues a decision to file criminal charges and a
decision to file charges against Nguyen Van A for the offense of abuse of trust
to appropriate property. During the investigation, it is determined that A’s
act constitutes the offense of fraud to appropriate property. Before issuing a
decision on amendment of the decision to file charges against A from the
offense of abuse of trust to appropriate property to the offense of fraud to
appropriate property, the Investigation Authority must first issue a decision
on amendment of the decision to file criminal charges from the offense of abuse
of trust to appropriate property to the offense of fraud to appropriate
property.
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4.
A decision to file charges against a suspect shall not be amended where, during
the investigation, it is clarified that the suspect’s act falls under another
clause of the same offense and provision that have already been applied in the
charges against the suspect.
5.
Where the competent Procuracy has issued a written request requiring the
Investigation Authority to issue a decision to file charges against a suspect,
or a decision on amendment or supplementation of the decision to file charges
against a suspect, but the Investigation Authority fails to do so, the
Procuracy shall issue such decisions.
6.
The issuance of a decision to file criminal charges, a decision to file charges
against a suspect, or the supplementation thereof, in cases where a suspect
commits multiple criminal acts of the same offense or commits multiple
different offenses, shall be conducted as follows:
a)
If a person commits multiple criminal acts of the same offense and they are
detected at the same time, only one decision to file criminal charges and one
decision to file charges against a suspect must be issued for such acts. If,
during the investigation or prosecution, it is discovered that the suspect has
committed additional acts of the same offense that have yet to be charged, a
decision on supplementation of the decision to file criminal charges must be issued
for such acts.
Example
1: On April 1, 2025, the Investigation Authority of the T Provincial Police
Authority determines that from January to March 2025, Nguyen Van A has
committed five acts of theft of property in Ward H, T Province. In this case,
the Investigation Authority shall issue only one decision to file criminal
charges for the offense of “Theft of Property” occurring in Ward H and one
decision to file charges against Nguyen Van A, covering all five acts.
Example
2: During the investigation of the case in which Nguyen Van A committed theft
of property as stated in Example 1 above, the Investigation Authority
determines that in January 2025, Nguyen Van A also committed theft of property
in Ward M, T Province. In this case, the Investigation Authority shall issue a
decision to supplement the decision to file criminal charges for the act of
theft in Ward M for investigation.
b)
If, at a given time, a person commits multiple different criminal acts and such
acts are detected at the same time, only one decision to file criminal charges
and one decision to file charges against a suspect shall be issued for such
acts, specifying each offense and the applicable Articles and Clauses of the
Criminal Code.
Example:
On January 1, 2025, Nguyen Van A commits the offenses of murder and robbery of
property in Ward H, T Province, and is caught in the act. In this case, the
Investigation Authority shall issue one decision to file criminal charges and
one decision to file charges against Nguyen Van A for the two offenses of
“Murder” and “Robbery of Property”, specifying the applicable Points and
Clauses under Articles 123 and 168 of the Criminal Code.
c)
If a person commits multiple different criminal acts where the earlier act is
committed to facilitate the later act, or the criminal acts are related to each
other, only one decision to file criminal charges and one decision to file
charges against a suspect shall be issued for such acts, specifying each
offense and the applicable Articles and Clauses of the Criminal Code.
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d)
If a person commits multiple criminal acts at different times, involving
different offenses, but they are detected at the same time, only one decision
to file criminal charges and one decision to file charges against a suspect
shall be issued for such acts, specifying each offense and the applicable
Articles and Clauses of the Criminal Code.
Example:
On April 1, 2025, the Investigation Authority of T Province determines that in
January 2025, Nguyen Van A committed fraud to appropriate property, and in
February 2025, Nguyen Van A committed abuse of trust to appropriate property in
T Province. In this case, the Investigation Authority shall issue only one
decision to file criminal charges and one decision to file charges against
Nguyen Van A for the two offenses of “Fraud to Appropriate Property” and “Abuse
of Trust to Appropriate Property”, specifying the applicable Points and Clauses
under Articles 174 and 175 of the Criminal Code.
dd)
In cases where charges are filed against a suspect for multiple offenses,
including an offense falling under the investigative jurisdiction of a
higher-level Investigation Authority, the lower-level Investigation Authority
shall consult and reach an agreement with the competent Procuracy to transfer
the entire case to the higher-level Investigation Authority for investigation.
Example:
During the investigation of the case against Nguyen Van A for the offense of
“Robbery of Property” under Clause 1 Article 168 of the Criminal Code, the
regional Criminal Investigation Authority of the T Military Zone discovers that
Nguyen Van A also committed the offense of “Murder” under Clause 1 Article 123
of the Criminal Code (which falls under the jurisdiction of the Criminal
Investigation Authority of T Military Zone). In this case, the regional
Criminal Investigation Authority shall consult and reach an agreement with the
competent regional Military Procuracy to transfer the entire case to the
Criminal Investigation Authority of the T Military Zone for investigation.
e)
In cases where charges are filed against a suspect for multiple offenses,
including offenses under the jurisdiction of both the Security Investigation Authority
and the Police Investigation Authority, and where separating the case for
investigation according to jurisdiction would affect the objectivity and
comprehensiveness of the case, the Investigation Authority handling the case
shall consult and reach an agreement with the competent Procuracy to assess and
determine the principal offense. The Investigation Authority having
jurisdiction over the principal offense shall conduct the investigation of the
entire case.
7.
After receiving the case file and the investigation conclusion from the
Investigation Authority, if the competent Procuracy detects that an individual
or commercial juridical person involved in the case has committed a criminal
act but has yet to be charged, or if there are grounds to determine that the
suspect’s act does not constitute the offense already charged, or that there
are other criminal acts not yet charged, the Procuracy shall consider deciding
the filing of charges against the suspect in accordance with Clause 4 Article
179 of the Criminal Procedure Code, or return the case file to the
Investigation Authority for additional investigation, requesting the
Investigation Authority to issue a decision to file charges against a suspect,
a decision on amendment or supplementation of the decision to file charges
against a suspect, and to carry out investigative activities in accordance with
general procedures. If such a request has been made but the Investigation
Authority fails to comply, the Procuracy shall issue the mentioned decisions
and send them to the Investigation Authority for investigation.
Article 10. Delivery and approval of decisions to file
charges against suspect; decisions on amendment or supplementation of decisions
to file charges against suspect
1.
The Investigation Authority shall proactively consult with the competent
Procuracy before issuing a decision to file charges against a suspect, or a
decision on amendment or supplementation of the decision to file charges
against a suspect.
2.
Within 3 days from the date of receipt of a decision to file charges against a
suspect, or a decision on amendment or supplementation of the decision to file
charges against a suspect, the competent Procuracy shall issue a decision to
approve or annul such decision. Where it is considered that there are
insufficient grounds for approval, the Procurator shall promptly discuss with
the Investigator the contents requiring supplementation of evidence and
documents, and report to the leader of each sector to solicit opinions and
reach an agreement on the contents to be supplemented. Requests of the
Procuracy for supplementation of evidence and documents must be made in
writing. Where evidence and documents cannot be supplemented, the Investigation
Authority shall provide a written explanation, specifying the reasons.
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3.
In cases where the approval of a decision to file charges against a suspect
concerns a person who is being temporarily detained, the time limit for
approval shall not exceed the duration of temporary detention or its extension.
No later than 24 hours before the expiry of the temporary detention period or
its extension, the Investigation Authority shall transfer the dossier
requesting approval of the decision to file charges against a suspect to the
competent Procuracy. Where the Procuracy requests supplementation of evidence
and documents as the grounds for approval, the time for such supplementation
shall not exceed the extended temporary detention period; if evidence and
documents cannot be supplemented within the extended temporary detention
period, the Investigation Authority shall provide a written explanation,
specifying the reasons, and request the Procuracy to consider and decide.
4.
For the purpose of supplementing evidence and documents to consider and decide
the approval of a decision to file charges against a suspect, or a decision on
amendment or supplementation of the decision to file charges against a suspect,
where the Procurator and the Investigator jointly interrogate the suspect or
collect statements from the legal representative of a commercial juridical
person, witnesses, victims, or other involved parties, the Investigator shall
be responsible for copying and immediately providing the interrogation records
or statements to the Procurator. Where the Procurator directly conducts the
interrogation or collects statements, the Procurator shall immediately provide
the mentioned records to the Investigator for inclusion in the case file.
5.
The dossier submitted to the Procuracy for approval of a decision to file
charges against a suspect, or a decision on amendment or supplementation of the
decision to file charges against a suspect, shall include the following
evidence and documents:
a)
Written request for approval of the decision to file charges against a suspect,
or the decision on amendment or supplementation of the decision to file charges
against a suspect;
b)
Decision to file criminal charges, or decision on amendment or supplementation
of the decision to file criminal charges;
c)
Decision to file charges against a suspect, or decision on amendment or
supplementation of the decision to file charges against a suspect;
d)
Records of interrogation of the suspect (if any); records of statements of the
legal representative of a commercial juridical person (if any); records of
statements of the denounced person, the person against whom charges are
recommended, the person held in an urgent case, the arrested person, the
temporarily detained person, witnesses, victims, and other participants in the
proceedings (if any);
dd)
Other evidence and documents serving as grounds for the filing of charges
against a suspect, or the amendment or supplementation thereof.
6.
The indexing, stamping, and handover of documents in the dossier submitted for
approval as prescribed in this Article shall be carried out in accordance with
Clause 1 Article 35 of this Joint Circular.
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Article 11. Formulation and implementation of investigation
requests of Procurators
1.
The Procurator shall promptly consult with the Investigator and Investigation
Officer assigned to handle the case regarding issues requiring investigation
from the time of receipt of the decision to file criminal charges, as well as
throughout the investigation process, to ensure that the Investigator and
Investigation Officer promptly collect complete evidence and documents of the
case.
The
Procurator may make investigation requests verbally when directly supervising
activities such as crime scene examination, autopsy, search, interrogation of
the suspect, collection of statements of witnesses, victims, involved parties,
confrontations, identification procedures, investigative experiments, and voice
recognition. For other investigative activities, the Procurator shall make
written investigation requests, clearly and specifically stating the issues to
be investigated and the evidence and documents to be collected. Such written
requests must be included in the case file.
2.
The Investigator and Investigation Officer assigned to handle the case shall
implement the investigation requests of the Procurator. Where necessary, they
may consult with the Procurator to clarify the content of such requests. Where
there is disagreement with any investigation request, the Investigator or
Investigation Officer shall report to the Head or Deputy Head of the
Investigation Authority, or (where applicable) the assigned Investigator; the
Procurator shall report to the Chief or Deputy Chief Prosecutor of the
competent Procuracy to reach an agreement on the content of the investigation
request. Where the Investigation Authority does not implement an investigation
request of the Procuracy, or has conducted investigative activities but cannot
fulfill the request due to objective obstacles, the reasons must be specified
in the investigation conclusion.
Article 12. Specific investigative activities directly
conducted by Procuracy
1.
During the investigation stage, in cases specified in Clause 7 Article 165 of
the Criminal Procedure Code, the Procurator shall directly interrogate the
suspect, collect statements from temporarily detained persons, arrested
persons, victims, involved parties, witnesses, and observers; conduct
confrontations, investigative experiments, and other investigative activities
in accordance with the Criminal Procedure Code. Where necessary, the Procurator
shall notify the Investigator in advance. The Investigator shall cooperate with
the Procurator in conducting specific investigative activities upon request; if
absent, the Investigator shall notify the Procurator no later than 2 hours
before the Procurator conducts such activities.
2.
Where the Procuracy directly conducts investigative activities under Clause 3
Article 236 and Clause 1 Article 246 of the Criminal Procedure Code, and
cooperation with the Investigation Authority is necessary, the Procuracy shall
notify the Investigation Authority, at least 24 hours in advance, of the time
and location of such activities so that an Investigator may be assigned to
participate. If the Investigator is absent, the Investigator shall notify the
Procurator no later than 2 hours before the activity.
3.
Records of investigative activities conducted by the Procurator must be
included in the case file.
Article 13. Notification and transfer of records of
investigative activities
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2.
Immediately after the competent Procuracy approves a search warrant, the
Investigator shall consult and reach an agreement with the Procurator on the
time and location of the search to ensure the Procurator’s participation. In
cases of force majeure where the Procurator is absent, the Procurator shall
notify the Investigator no later than 2 hours in advance, specifying the
reasons for inclusion in the records.
3.
Where the Procurator does not participate in supervising the investigative
activities specified in Clauses 1 and 2 of this Article, after completion of
such activities, the Investigator shall transfer the records and documents to
the Procurator in accordance with Clause 5 Article 88 of the Criminal Procedure
Code.
Article 14. Calculation of procedural time limits in cases
of consolidation of criminal cases, where suspect commits more serious or less
serious offense, and where decisions to file criminal charges are supplemented
or additional offenses are investigated
1.
Where criminal cases are consolidated for investigation under Clause 1 Article
170 of the Criminal Procedure Code, the investigation time limit and the
detention period of the suspect shall be determined based on the most serious
offense for which charges have been filed. The investigation time limit shall
be calculated from the date of the first decision to file criminal charges.
2.
Where, during the investigation, it is determined that the conduct of the
suspect falls under a more serious penalty bracket within the same Article, or
where the decision to file charges against a suspect is changed to a more
serious offense under another Article, the investigation time limit and
detention period shall be determined based on the more serious offense, with
deduction of the time already spent on investigation and detention.
Example
1: On January 1, 2025, the Investigation Authority issued a decision to file charges
against a suspect and applied detention measures against Nguyen Van A for theft
of property under Clause 2 Article 173 of the Criminal Code (serious offense).
On January 30, 2025, it was determined that the conduct falls under Clause 3
Article 173 (very serious offense). Accordingly, from January 30, 2025, the
investigation time limit and detention period for suspect Nguyen Van A shall be
recalculated based on the more serious offense, with deduction of the
previously elapsed investigation and detention period (1 month).
Example
2: On January 1, 2025, the Investigation Authority issued a decision to file
charges against a suspect and applied detention measures against Nguyen Van B
for intentional infliction of injury or causing harm to another person’s health
under Clause 1 Article 134 of the Criminal Code. On January 30, 2025, the
Investigation Authority issued a decision to amend the decision to file charges
against Nguyen Van B, changing the offense committed to murder under Clause 1
Article 123 of the Criminal Code. Accordingly, the investigation time limit and
detention period shall be determined based on the offense of murder from
January 30, 2025, with deduction of the previously elapsed investigation and
detention period (1 month).
3.
Where, during the investigation, a decision is issued to supplement the
decision to file criminal charges and the decision to file charges against a
suspect for another offense, the investigation time limit and detention period
shall be determined based on the most serious offense. The total investigation
time limit must not exceed the time limit prescribed in Article 172 of the
Criminal Procedure Code; the total detention period must comply with Article
173 of the Criminal Procedure Code and must not exceed the investigation time
limit.
4.
Where a decision to file charges against a suspect is amended from a more
serious offense to a less serious offense, or where it is determined that the
conduct of the suspect falls under a Clause carrying a lighter penalty bracket
within the same offense, the investigation time limit and detention period
shall be determined based on the less serious offense. Immediately after such a
change, the Investigation Authority shall consult and reach an agreement with
the competent Procuracy to consider and decide the application, cancellation,
or replacement of preventive measures against the suspect in accordance with
the less serious offense.
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Article 15. Application of measure of holding persons in
urgent cases and arrest of persons held in urgent cases
1.
When requesting the competent Procuracy to approve an arrest warrant for a
person held in an urgent case, the Investigation Authority shall provide a
written request specifying the reasons, together with evidence and documents
proving the grounds for such arrest, specifically as follows:
a)
Where a person is held in an urgent case under Point a Clause 1 Article 110 of
the Criminal Procedure Code, the case file must contain evidence and documents
clearly proving the grounds to determine that such person is preparing to
commit a very serious offense or an especially serious offense;
b)
Where a person is held in an urgent case under Point b Clause 1 Article 110 of
the Criminal Procedure Code, the case file must contain records of statements
of accomplices, victims, or persons present at the scene who have directly
witnessed and confirmed that such person has committed the offense, as well as
documents or grounds showing that such person would abscond if not held;
c)
Where a person is held in an urgent case under Point c Clause 1 Article 110 of
the Criminal Procedure Code, the case file must contain evidence and documents
showing traces, documents, or objects of the offense on the person, at the
residence, workplace, or on the vehicle of the person suspected of committing
the offense, as well as documents or grounds showing that such person would
abscond or destroy evidence.
2.
Where the Procurator directly meets and questions a person held in an urgent
case to consider and decide approval or disapproval of the arrest warrant, the
Procurator shall notify the Investigator and the Investigation Officer to
cooperate in implementation. The Investigator and Investigation Officer shall
cooperate with the Procurator in meeting and questioning the mentioned person.
Records of statements collected by the Procurator must be included in the case
file.
3.
A decision on the temporary detention of a person held in an urgent case must
be issued within 12 hours from the time the Investigation Authority holds or
receives the person (without requiring prior approval of the arrest warrant by
the Procuracy). Such a decision shall be issued before or simultaneously with
the arrest warrant for a person held in an urgent case.
4.
After receiving the decision approving the arrest warrant for a person held in
an urgent case, the Investigator shall prepare a record of the arrest at the
detention facility. The witness to the preparation of the record shall be an
officer of the detention facility.
5.
Where the Investigation Authority handling the case requests another Investigation
Authority or persons specified in Points b and c Clause 2 Article 110 of the
Criminal Procedure Code to cooperate in holding a person in an urgent case,
immediately after the holding, the Investigation Authority/person requested for
cooperation shall notify the requesting Investigation Authority to take over
the person and related documents; and cooperate in escorting the person to the
headquarters of the Investigation Authority. Documents relating to such
cooperation must be included in the case file.
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Article 16. Approval of detention orders where temporarily
detained person is subject to decision to file charges against suspect
1.
Where a decision to file charges against a suspect is issued against a person
currently under temporary detention, the Investigation Authority shall, no
later than 24 hours before the expiry of the detention period or its extension,
transfer the dossier requesting approval of the decision to file charges
against a suspect, and the detention order to the competent Procuracy. If
additional evidence or documents arise after the transfer, the Investigation
Authority shall immediately forward them to the Procuracy. The approval of the
decision to file charges against a suspect shall be conducted concurrently with
the approval of the detention order.
Where
the temporary detention period has not yet expired, and the Investigation Authority
requests approval of the decision to file charges against a suspect and the
detention order, if there are insufficient grounds to file charges or to detain
the suspect, but there are grounds to extend the temporary detention period,
the competent Procuracy shall request the Investigation Authority to issue a
decision to extend the temporary detention period and immediately submit it to
the Procuracy for approval. Within the extended temporary detention period, the
Investigation Authority shall urgently collect and consolidate evidence and
documents and immediately transfer them to the Procuracy for consideration and
approval of the decision to file charges against a suspect and the detention
order.
2.
Where the Procuracy does not approve the decision to file charges against a
suspect or the detention order, it shall issue a decision to revoke the
decision to file charges against a suspect, issue a decision not to approve the
detention order, and request the Investigation Authority to release the person
under temporary detention immediately. Where the Procuracy has previously
approved a decision to extend temporary detention, it shall issue a decision to
release the person under temporary detention.
3.
Where there are sufficient grounds to issue a decision to file charges against
a suspect, but detention of the suspect is not necessary, the Procuracy shall
issue a decision approving the decision to file charges against a suspect;
issue a decision not to approve the detention order; where necessary, request
the Investigation Authority to apply other preventive measures against the
suspect.
4.
The dossier requesting approval of the decision to file charges against a
suspect and the detention order, as prescribed in Clause 1 of this Article,
shall include:
a)
Written request for approval specifying the reasons, together with documents
related to detention, and the detention order;
b)
Dossier requesting approval of the decision to file charges against a suspect
in accordance with Clause 5 Article 10 of this Joint Circular.
Article 17. Calculation of detention periods where suspect
has previously been under temporary detention, and method of recording time
limits in detention orders and arrest warrants for temporarily detained suspects
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2.
The method of recording time limits in detention orders and arrest warrants for
detention in cases where the suspect has previously been under temporary
detention shall be as follows: The detention period shall be calculated in
days; it shall commence from the last day of the temporary detention period or
from the date of arrest of the suspect for detention; it shall end on the last
day of the detention period (after deduction of the temporary detention period).
Example
1: Nguyen Van A was under temporary detention for 3 days, from 10:00 on March
1, 2025 to 10:00 on March 4, 2025. Thereafter, A was subject to a decision to
file charges against a suspect and a detention order of 2 months. The actual
detention period applicable to the suspect is 1 month and 27 days (after
deduction of 3 days of temporary detention). Accordingly, the detention order
and the decision approving the detention order shall state as follows:
detention for a period of 1 month and 27 days, from March 4, 2025 to April 29,
2025 for Nguyen Van A.
Example
2: Tran Thi B was under temporary detention for 6 days, from 14:00 on March 5,
2025 to 14:00 on March 11, 2025, after which a measure prohibiting departure
from the place of residence was applied. On April 11, 2025, B was arrested for
detention for a period of 2 months. The actual detention period applicable to
the suspect is 1 month and 24 days (after deduction of 6 days of temporary
detention). Accordingly, the arrest warrant for detention and the decision
approving such warrant shall state as follows: detention for a period of 1
month and 24 days, from April 11, 2025 to June 3, 2025 for Tran Thi B.
Article 18. Use of detention orders of Investigation
Authority and decisions on extension of detention periods of Procuracy during
prosecution stage
1.
Upon completion of the investigation, issuance of a recommendation for
prosecution, and transfer of the case file to the competent Procuracy, the
Investigation Authority shall notify the detention facility where the suspect
is being held in detention.
2.
Immediately upon receipt of the case file, the Procurator shall inspect the
detention period of the suspect and report to the Chief Prosecutor or Deputy
Chief Prosecutor of the competent Procuracy for consideration and decision as
follows:
a)
Where the detention period for investigation under the detention order of the
Investigation Authority or under the decision on extension of detention of the
Procuracy remains valid, and is equal to or longer than the time limit for
making a prosecution decision as prescribed in Clause 1 Article 240 of the
Criminal Procedure Code for the offense under consideration, and it is deemed
necessary to continue detaining the suspect during the prosecution stage, the
competent Procuracy shall continue to use such detention order or decision on
extension of detention without issuing a new detention order;
b)
Where the detention period for investigation under the detention order of the
Investigation Authority or under the decision on extension of detention of the
Procuracy remains valid, but is insufficient to complete the prosecution, then
at least 5 days before the expiry of the detention period, the competent
Procuracy shall issue a new detention order. The remaining detention period and
the new detention period must not exceed the time limit for making a
prosecution decision as prescribed in Clause 1 Article 240 of the Criminal Procedure
Code for the offense under consideration. After issuing the new detention
order, the competent Procuracy shall immediately deliver the detention order to
the suspect and the detention facility where the suspect is being detained.
c)
Where the case involves suspects committing less serious offenses, serious
offenses, very serious offenses, and especially serious offenses, then no later
than 5 days before the expiry of the detention period applicable to suspects
committing less serious, serious, and very serious offenses, the Procurator
shall report so that the Chief Prosecutor or Deputy Chief Prosecutor of the
competent Procuracy may decide to prosecute the suspects in the case, or apply
other preventive measures to suspects committing less serious, serious, or very
serious offenses.
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1.
Where the competent Procuracy remands a case for additional investigation, and
there remains a detention period under the detention order of the Investigation
Authority or the detention order or decision on extension of detention of the
Procuracy, the Investigation Authority shall continue to use such detention
order or decision on extension of detention without issuing a new detention
order. Where the time limit for additional investigation has not expired, but
the detention period under the detention order of the Investigation Authority
or the detention order or decision on extension of detention of the Procuracy
is insufficient to complete the additional investigation, at least 5 days
before the expiry of the detention period or the extended detention period, the
Investigation Authority shall issue a detention order and request the competent
Procuracy to approve it. The detention period in this case shall be calculated
from the day immediately following the last day of detention stated in the
previous detention order or decision on extension of detention, not exceeding
the time limit for additional investigation prescribed in Clause 2 Article 174
of the Criminal Procedure Code.
2.
Where a case is transferred for investigation or prosecution under the
appropriate jurisdiction, the detention of the suspect shall be carried out as
follows:
a)
Where there remains a detention period for investigation under the detention
order or decision on extension of detention previously issued by the
transferring Investigation Authority or Procuracy, and it is deemed necessary
to continue detaining the suspect, the receiving Investigation Authority or
Procuracy shall continue to use the existing detention order or decision on extension
of detention without issuing a new detention order. Where the remaining
detention period is insufficient to complete the investigation, and continued
detention is necessary, at least 5 days before the expiry of the detention
period, the receiving Investigation Authority shall submit a written request to
the competent Procuracy to extend the detention period in accordance with
Article 173 of the Criminal Procedure Code.
b)
Where there remains a detention period for prosecution under the detention order
or decision on extension of detention of the transferring Procuracy, and it is
deemed necessary to continue detention, the receiving Procuracy shall continue
to use such detention order or decision on extension of detention without
issuing a new detention order. Where the remaining detention period is
insufficient to complete the prosecution and continued detention is necessary,
the receiving Procuracy shall issue a detention order for the suspect.
Article 20. Extension, cancellation, or substitution of preventive
measures during investigation stage
1.
During the investigation stage, 10 days before the expiry of the application
period of a preventive measure, the Investigation Authority shall issue a
written request specifying the grounds and reasons and request the competent
Procuracy to extend the application period, or cancel or substitute the
preventive measure.
2.
The dossier requesting extension, cancellation, or substitution of a preventive
measure includes:
a)
Written request of the Investigation Authority specifying the grounds and
reasons for proposing the extension, cancellation, or substitution of the
preventive measure;
b)
Evidence and documents forming the grounds for the Investigation Authority’s
request for extension, cancellation, or substitution of the preventive measure.
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1.
Where the Investigation Authority decides to grant bail to a suspect,
immediately after issuing the decision to apply the measure of bail, the
Investigation Authority shall issue a written document specifying the reasons,
with enclosed evidence and documents, and send it to the competent Procuracy to
request approval.
2.
The dossier requesting approval of the decision to apply the measure of bail
includes:
a)
Written request for approval and the decision to apply the measure of bail;
b)
Written undertaking certified by the head of the agency or organization acting
as guarantor, in cases where an agency or organization provides bail for the suspect;
c)
Written undertaking certified by the commune-level People’s Committee where the
guarantor resides or by the agency or organization where the guarantor works or
studies, in cases where individuals provide bail for the suspect (there must be
written undertakings of at least 2 guarantors);
d)
Written undertaking by the suspect granted bail to comply with the obligations
prescribed in Clause 3 Article 121 of the Criminal Procedure Code;
dd)
Evidence and documents regarding the criminal act and personal background of
the suspect to determine that, given the nature and severity of the act, it is
not necessary to apply detention.
3.
Within 3 days from the date of receipt of the dossier from the Investigation
Authority, the competent Procuracy shall issue a decision approving or
disapproving, or a written request requiring the Investigation Authority to
supplement evidence and documents for the purpose of considering approval of
the decision to apply the measure of bail.
4.
Where there are grounds to determine that the suspect has violated the
obligations under the written undertaking as prescribed in Clause 3 Article 121
of the Criminal Procedure Code, the Investigation Authority shall issue a
written document specifying the reasons, enclose documents evidencing the
violation, and request the competent Procuracy to cancel the measure of bail.
The Investigation Authority shall issue an arrest warrant for detention for the
suspect, and submit a written request to the competent Procuracy for approval.
The detention period in this case must not exceed the investigation time limit
of the case.
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6.
Where the investigation has been completed, and the case has reached the
prosecution stage, if the Procuracy deems it necessary to continue applying the
measure of bail to the suspect, it shall issue a decision to apply this
measure. The duration of bail must not exceed the time limit for making a
prosecution decision, and be calculated from the day immediately following the
last day stated in the decision to apply the measure of bail issued by the
Investigation Authority.
Article 22. Application of measure of security deposit
1.
Where the Investigation Authority decides to allow a suspect or a relative of
the suspect to make a security deposit, immediately after issuing the decision
to apply this measure, the Investigation Authority shall issue a written
document specifying the reasons, with enclosed evidence and documents, and send
it to the competent Procuracy to request approval.
2.
The dossier requesting approval of the decision to apply the measure of
security deposit includes:
a)
Written request for approval and decision to apply the measure of security
deposit;
b)
Evidence and documents reflecting the nature and degree of danger to society of
the act, the personal background, and the financial situation of the suspect;
c)
Documents confirming that the suspect or a relative of the suspect has made the
security deposit;
d)
Written undertaking by the suspect to comply with the obligations prescribed in
Clause 2 Article 122 of the Criminal Procedure Code;
dd)
Written undertaking by the relative of the suspect in accordance with Clause 5
Article 122 of the Criminal Procedure Code, in cases where the relative makes
the security deposit.
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4.
Where there are grounds to determine that the suspect has violated the obligations
under the written undertaking as prescribed in Clause 2 Article 122 of the
Criminal Procedure Code, the Investigation Authority shall issue a written
document specifying the reasons, enclose documents evidencing the violation,
and request the competent Procuracy to cancel the measure of security deposit.
The Investigation Authority shall issue an arrest warrant for detention for the
suspect, and submit a written request to the competent Procuracy for approval.
The detention period in this case must not exceed the investigation time limit
of the case.
5.
Where the Procuracy has grounds to determine that the suspect has violated the
obligations under the written undertaking, it shall issue a written request
requiring the Investigation Authority to carry out the procedures for canceling
the measure of security deposit, and apply the measure of detention in
accordance with Clause 4 of this Article.
6.
Where the investigation has been completed, and the case has reached the
prosecution stage, if the Procuracy deems it necessary to continue applying the
measure of security deposit to the suspect, it shall issue a decision to apply
this measure. The duration of the security deposit must not exceed the time
limit for making a prosecution decision, and be calculated from the day
immediately following the last day stated in the decision to apply the measure
of security deposit issued by the Investigation Authority.
Article 23. Application of certain preventive measures upon
extension of investigation time limits or time limits for making prosecution
decisions
1.
When extending the investigation time limit or the time limit for making a
prosecution decision, if the duration of the measures of prohibition against
departure from the place of residence, suspension of exit, bail, or security
deposit has expired, the Investigation Authority or the competent Procuracy
shall issue new orders or decisions. The Investigation Authority shall request
the Procuracy to approve the decision to apply bail and the decision to apply
security deposit before execution. The duration of the newly issued orders or
decisions must not exceed the extended investigation time limit or the extended
time limit for making a prosecution decision.
2.
If the duration of the measures of prohibition against departure from the place
of residence, suspension of exit, bail, or security deposit issued by the
Investigation Authority remains valid and is equal to or longer than the time
limit for making a prosecution decision as prescribed in Clause 1 Article 240
of the Criminal Procedure Code, and it is deemed necessary to continue applying
such measures, the Procuracy shall continue using those orders or decisions.
If
the remaining duration of the measures of prohibition against departure from the
place of residence, suspension of exit, bail, or security deposit issued by the
Investigation Authority is not sufficient to complete the prosecution and it is
deemed necessary to continue applying such measures, then no later than 5 days
before the expiry of the time limit stated in the orders or decisions, the
Procuracy shall issue new orders or decisions. The duration of the new measures
must not exceed the time limit for making a prosecution decision as prescribed
in Clause 1 Article 240 of the Criminal Procedure Code.
Article 24. Application of suspension of operations of
commercial juridical persons and requirement to deposit money to secure
judgment enforcement
1.
Within 24 hours from issuing a decision to suspend the operations of a
commercial juridical person or a decision requiring a commercial juridical
person to deposit money to secure judgment enforcement, the Investigation
Authority shall submit to the competent Procuracy a dossier requesting
approval, including:
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b)
Decision on suspension of operations of the commercial juridical person or the
decision requiring the commercial juridical person to deposit money to secure
judgment enforcement;
c)
Evidence and documents proving the grounds for applying such measures.
2.
Within 3 days from the date of receipt of the dossier from the Investigation
Authority, the competent Procuracy shall issue a decision approving or
disapproving, or a written request requiring the Investigation Authority to
supplement evidence and documents for the purpose of considering approval of
the decision on suspension of operations of the commercial juridical person or
the decision requiring deposit to secure judgment enforcement.
Article 25. Decisions on, and approval of, application of
special procedural investigative measures
1.
Within 24 hours from the issuance of a decision to apply special procedural
investigative measures as prescribed in Articles 223 and 224 of the Criminal
Procedure Code, the Head of the provincial Investigation Authority or the Head
of the Military Investigation Authority at the military zone level or higher
shall submit a dossier requesting the Chief Prosecutor of the Procuracy at the
same level to approve such decision.
2.
Within 3 days from receipt of the requesting dossier from the Head of the
provincial Investigation Authority or the Head of the Military Investigation
Authority at the military zone level or higher, the Chief Prosecutor of the
Procuracy at the same level shall issue a decision approving or disapproving,
or a written request requiring the Head of the provincial Investigation
Authority or the Head of the Military Investigation Authority at the military
zone level or higher to supplement evidence and documents for the purpose of
considering approval of the decision to apply special procedural investigative
measures.
3.
The dossier requesting approval of the decision to apply special procedural
investigative measures includes:
a)
Written request for approval specifying the reasons, grounds for application of
the special procedural investigative measures, and the information and
documents to be collected when applying such measures;
b)
Decision to apply special procedural investigative measures issued by the Head
of the provincial Investigation Authority or the Head of the Military
Investigation Authority at the military zone level or higher in accordance with
Clause 2 Article 225 of the Criminal Procedure Code;
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4.
Where a case is handled and investigated by a regional Criminal Investigation
Authority, or charged and investigated by an assigned Investigator, and it is
deemed necessary and justified to apply special procedural investigative
measures, the Head of the regional Criminal Investigation Authority or the
assigned Investigator must consult with the Chief Prosecutor of the competent
Procuracy regarding the grounds and applicable measures. At the same time, the
Head of the regional Criminal Investigation Authority or the assigned
Investigator shall submit a written request together with the dossier to the
Head of the provincial Investigation Authority or the Head of the Military
Investigation Authority at the military zone level or higher for issuance of the
decision to apply special procedural investigative measures. The issuance of
such a decision, as well as the time limits and procedures for requesting
approval by the Chief Prosecutor of the Procuracy, shall comply with Clause 1
of this Article.
Article 26. Implementation of special procedural
investigative measures
1.
During the implementation of special procedural investigative measures, the
Head of the provincial Investigation Authority or the Head of the Military
Investigation Authority at the military zone level or higher shall regularly
inspect the application of such measures, notify the Chief Prosecutor of the
Procuracy at the same level of the information and documents collected using
the applied measures, and cooperate in the use and handling of such information
and documents in accordance with Article 227 of the Criminal Procedure Code.
2.
Where it is deemed necessary to extend the duration of application of special
procedural investigative measures, at least 10 days before the expiry of such duration,
the Head of the provincial Investigation Authority or the Head of the Military
Investigation Authority at the military zone level or higher shall submit a
written request specifying the reasons, together with supporting evidence and
documents, to the Chief Prosecutor of the Procuracy at the same level for
consideration and decision on the extension. Within 3 days from receipt of such
a request and supporting materials, the Chief Prosecutor shall issue a decision
to extend or not to extend, or a written request requiring the Head of the
provincial Investigation Authority or the Head of the Military Investigation
Authority at the military zone level or higher to supplement evidence and
documents for consideration of the extension.
Article 27. Cancellation or termination of application of
special procedural investigative measures
1.
Where it is no longer necessary to continue applying special procedural
investigative measures, the Head of the provincial Investigation Authority or
the Head of the Military Investigation Authority at the military zone level or
higher shall submit a written request to the Chief Prosecutor who has approved
the application for issuance of a decision to cancel the application of special
procedural investigative measures.
2.
Where there are grounds for revoking the decision to apply special procedural
investigative measures under Clauses 2 and 3 Article 228 of the Criminal
Procedure Code, the Chief Prosecutor who approved the application shall issue a
decision to revoke it and, within 24 hours from issuing such decision, send it
to the Head of the Investigation Authority that has issued the original
decision for immediate forwarding to the authority implementing the special
procedural investigative, so that the application is terminated immediately.
Article 28. Decisions on application of simplified
procedures
1.
Where a case meets the conditions for the application of simplified procedures
as prescribed in Article 456 of the Criminal Procedure Code, but the
Investigation Authority does not issue a decision to apply such procedures, the
competent Procuracy shall issue a written request requiring the Investigation
Authority to do so. No later than 24 hours from the receipt of such a request,
the Investigation Authority shall issue the decision to apply simplified
procedures or provide a written explanation for not applying them. If the
Procuracy considers that simplified procedures must be applied despite such an
explanation, it shall issue the decision and forward it to the Investigation
Authority for implementation.
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3.
During the investigation stage, if any of the conditions for applying
simplified procedures under Points b, c, and d Clause 1 Article 456 of the
Criminal Procedure Code no longer exist, or the case or the suspect is subject
to suspension of investigation, revocation of the decision to apply simplified
procedures shall be carried out as follows:
a)
If the Investigation Authority has issued the decision, it shall issue a
decision to revoke it; if it fails to do so, the competent Procuracy shall
issue the revocation decision;
b)
If the Procuracy has issued the decision, it shall issue a decision to revoke
it.
4.
During the prosecution stage, if any of the conditions for applying simplified
procedures under Points b, c, and d Clause 1 Article 456 of the Criminal
Procedure Code no longer exist, or the case or the suspect is subject to
suspension, the competent Procuracy shall issue a decision to revoke the
decision to apply simplified procedures.
Article 29. Transfer of cases for investigation or
prosecution according to appropriate jurisdiction; consolidation and separation
of criminal cases
1.
Within 3 days from the date grounds are established that a case does not fall under
its investigative jurisdiction, the Investigation Authority currently handling
the case shall consult and reach an agreement with the Procuracy currently
exercising the right to prosecute and supervising the investigation of the case
to send a written communication to the Investigation Authority competent to
investigate and the Procuracy competent to exercise the right to prosecute and
supervise the resolution of the case, enclosed with documents establishing
investigative jurisdiction, to discuss the transfer of the case file for
investigation according to the appropriate jurisdiction. No later than 5 days
from the receipt of such a written communication, the Investigation Authority
competent to investigate shall consult with the Procuracy competent to exercise
the right to prosecute and supervise the resolution of the case to issue a
written response. Depending on each case, the transfer shall be handled as
follows:
a)
Where the Investigation Authority competent to investigate agrees to receive
the case file for investigation, the Investigation Authority currently handling
the case shall submit a written request for transfer of the case to the
Procuracy currently exercising the right to prosecute and supervising the
investigation, for a decision on the transfer according to the appropriate
jurisdiction;
b)
Where the Investigation Authority competent to investigate does not agree
to receive the case file, it shall issue a written response specifying the
reasons; if such reasons are unfounded, the Investigation Authority currently
handling the case shall submit a written request for transfer of the case to
the Procuracy currently exercising the right to prosecute and supervising the
investigation for a decision on the transfer according to the appropriate
jurisdiction, and the competent Investigation Authority must receive the case
file upon issuance of the Procuracy’s decision on transfer; if the disagreement
arises from a dispute over investigative jurisdiction, the Investigation
Authority currently handling the case shall cooperate with the Procuracy
currently exercising the right to prosecute and supervising the investigation
in reporting and requesting the competent Procuracy to resolve the dispute over
investigative jurisdiction in accordance with Clause 3 Article 166 of the
Criminal Procedure Code.
2.
Within 3 days from the date grounds are established that the case falls under
the jurisdiction to exercise the right to prosecute and supervise case
resolution of another People’s Procuracy within the same province or city, the
Procuracy currently exercising the right to prosecute and supervising the
investigation shall transfer such jurisdiction to the competent People’s
Procuracy, and notify the Investigation Authority for cooperation during the
investigation.
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4.
Where there are grounds to consolidate or separate criminal cases in accordance
with Articles 170 and 242 of the Criminal Procedure Code, the Investigation
Authority and the competent Procuracy shall consult and reach an agreement
before issuing a decision. Where sufficient grounds and conditions for
consolidation or separation exist but the Investigation Authority does not act,
the competent Procuracy shall issue a written request requiring the
Investigation Authority to issue a decision on consolidation or separation of
the criminal case for investigation.
Article 30. Assignment of Deputy Heads of Investigation
Authorities, Investigators, Deputy Chief Prosecutors, and Procurators in cases
of entrusted investigation
Upon
receipt of a request for entrusted investigation, where the entrusted
investigative activities are deemed complex and prolonged, the entrusted
Investigation Authority shall assign a Deputy Head of the Investigation
Authority, an assigned Investigator, or an Investigator to carry out the
entrusted investigative tasks; the Procuracy, competent to exercise the right
to prosecute and supervise the investigative activities of the entrusted
Investigation Authority, shall assign a Deputy Chief Prosecutor or a Procurator
to exercise the right to prosecute and supervise such investigative activities.
Article 31. Preparation for conclusion of investigation of
criminal case
1.
No later than 10 days for less serious and serious cases, 15 days for very
serious cases, and 20 days for especially serious cases, before the conclusion
of the investigation or before the expiry of the investigation time limit, the
Investigator and the Procurator shall cooperate in assessing all evidence,
documents, and procedural activities of the case; if sufficient grounds exist
to conclude the investigation, they shall reach an agreement for the
Investigator to report to the Head or Deputy Head of the Investigation
Authority, or the assigned Investigator to conclude the investigation; if
further investigation is required, they shall report to the Head or Deputy Head
of the Investigation Authority, the assigned Investigator, and the Chief
Prosecutor or Deputy Chief Prosecutor of the competent Procuracy to extend the
investigation time limit and the application period of preventive measures
against the suspect in accordance with the Criminal Procedure Code.
For
especially serious or complex cases, or where the Investigator and the
Procurator cannot reach an agreement on the assessment of evidence or the
determination of offenses, the Investigator shall consult with the Procurator
to report to the Head of the Investigation Authority and the Chief Prosecutor
of the competent Procuracy to organize an inter-agency meeting to assess the
investigation results and direct the resolution of unresolved issues,
difficulties, and obstacles, ensuring that the conclusion of the investigation
and resolution of the case comply with the law.
2.
The Investigator and the Procurator shall prepare a record reflecting their
agreed assessment of evidence and documents, and include it in the professional
file of the Investigation Authority and the supervision file.
Article 32. Suspension of investigation
1.
Where there are grounds for suspending the investigation, the Investigator and
the Procurator shall cooperate in reviewing evidence and documents to ensure that
the suspension complies with the Criminal Procedure Code. Before issuing a
decision to suspend the investigation of the criminal case, a decision to
suspend the investigation of the criminal case against a suspect, or a decision
to suspend the investigation of a suspect, the Investigation Authority shall
handle related matters (if any) in accordance with the Criminal Procedure Code
and other relevant laws.
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3.
The cooperative relationship among presiding authorities, presiding officers,
and other relevant agencies, organizations, and individuals in implementing the
Criminal Procedure Code regarding the management and resolution of suspended
cases and matters shall comply with relevant laws.
Article 33. Termination of investigation
1.
Where there are grounds for terminating the investigation, the Investigator and
the Procurator shall cooperate in reviewing evidence and documents to ensure
that the termination complies with the Criminal Procedure Code; if sufficient
grounds exist, the Investigator shall report to the Head or Deputy Head of the
Investigation Authority, or to the assigned Investigator, to issue a decision
to terminate the investigation of the criminal case, a decision to terminate
the investigation of the criminal case against a suspect, or a decision to
terminate the investigation of a suspect; if grounds are insufficient, the
Investigation Authority shall continue the investigation.
2.
Upon issuing a decision to terminate the investigation of the criminal case, a
decision to terminate the investigation of the criminal case against a suspect,
or a decision to terminate the investigation of a suspect, the Investigation
Authority shall cancel preventive measures and coercive measures, return
temporarily seized documents and items (if any), handle exhibits, address other
related matters, and notify and send such a decision to the competent Procuracy
in accordance with the Criminal Procedure Code. Regarding preventive measures
and coercive measures approved by the competent Procuracy, the Investigation
Authority shall submit a written request to the competent Procuracy for a
decision on their cancellation.
Article 34. Transfer and delivery of records and documents
in cases prescribed in Clause 5 Article 88 of Criminal Procedure Code
1.
The transfer of records and documents relating to investigative activities not
directly supervised by the Procuracy between the Investigation Authority and
the Procuracy in the cases prescribed in Clause 5 Article 88 of the Criminal
Procedure Code shall be conducted by direct delivery or by secure postal
services; where, due to objective obstacles, the Investigator cannot transfer
such records and documents to the Procuracy, transfer by fax may be commenced.
Where
records and documents have been digitized in accordance with Clause 5 Article
131 of the Criminal Procedure Code, the transfer shall comply with this Joint
Circular and relevant laws.
2.
In the case of direct delivery, the transfer date is the date of the delivery
record.
In
the case of transfer via secure postal services, the transfer date is the
postmark date at the place of dispatch; the envelope containing the records and
documents must be included in the case file. The person directly receiving the
records and documents at the Procuracy shall check the seal. Where the seal is
not intact, a record must be made immediately confirming the condition, with
certification by the postal employee, and reported to the leader of the
Procuracy. In such a case, the Investigation Authority must be notified
immediately for cooperation in resolving the matter. Where the seal is intact
but the records and documents are missing compared to the index of records and
documents, it must be reported to the leader of the Procuracy to prepare a
record immediately and notify the Investigation Authority for coordination in
resolution.
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In
the case of transferring digitized records and documents, the transfer time
refers to when the Procuracy receives the digitized data and confirms receipt
in accordance with the law.
3.
The delivery of records and documents must be documented in a record in
accordance with Article 133 of the Criminal Procedure Code.
Article 35. Indexing, stamping, and pagination of case
files during investigation and prosecution stages
1.
The indexing and stamping of records and documents in the case file during the
investigation stage shall be carried out as follows:
a)
Before transferring to the competent Procuracy records and documents relating to
investigative activities that are not directly supervised by the Procuracy,
records and documents for the Procuracy to supervise the preparation of the
case file, or the dossier requesting the Procuracy to approve orders or
decisions of the Investigation Authority, the Investigator shall fully index
the names of records and documents, record their serial numbers in the index,
and affix the stamp of the Investigation Authority (without assigning
pagination numbers) at the top-right corner of each page;
b)
The Procurator shall affix the stamp of the Procuracy (without assigning
pagination numbers) at the bottom-right corner of each page of the records and
documents specified in Point a of this Clause and of records and documents
collected by the Procurator during the investigation before transferring them
to the Investigation Authority.
2.
The indexing, pagination, and stamping of records and documents in the case
file upon completion of the investigation and during the prosecution stage
shall be carried out as follows:
a)
Upon completion of the investigation, all records and documents collected
during the filing of charges and investigation by the Investigator and the
Procurator must be included in the case file in accordance with procedural
order. The Investigator shall affix the stamp of the Investigation Authority at
the top-right corner of each page, assign pagination numbers once, and prepare
a complete index of all records and documents in sequential order from 01 to
the end. During stamping and pagination, if any error or erasure occurs,
the Investigator shall compile and certify it in the index and provide an
explanatory report on the reason for such error or erasure; the explanatory
report shall be included in the case file;
b)
During the prosecution stage, records and documents collected by the Procurator
must be included in the case file, affixed with stamps at the top-right corner
of each page, and assigned sequential numbers following the pagination numbers
in the case file transferred by the Investigator; the pagination order must not
be altered. If any error or erasure occurs during the stamping and pagination,
the Procurator shall compile and certify it in the index and provide an
explanatory report; such report shall be included in the case file.
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Article 36. Delivery of case files upon completion of
investigation and exhibits
1.
The Investigator or Investigation Officer shall directly deliver the case file
and exhibits (if any) to the competent Procuracy. The delivery of the case file
shall comply with Article 238 of the Criminal Procedure Code.
2.
Procedures for the delivery of exhibits between the Investigation Authority and
the competent Procuracy shall be as follows:
a)
Exhibits attached to the case file are those assigned pagination numbers and
included in the case file, and shall be transferred together with the case file;
b)
For exhibits not attached to the case file, when issuing the prosecution
decision, the competent Procuracy shall issue a decision to transfer the
exhibits to the competent civil judgment enforcement authority where the Court
having jurisdiction over the case is located. Within 2 days from the receipt of
such a decision, the Investigation Authority shall complete the procedures for
handing over the exhibits to the civil judgment enforcement authority in accordance
with that decision; after the delivery, the Investigation Authority shall
transfer the delivery record and related documents to the competent Procuracy
for inclusion in the case file.
Article 37. Application of certain regulations of this
Joint Circular in cooperative relationship among authorities assigned to
conduct certain investigative activities of People’s Public Security Force, and
authorities assigned to conduct certain investigative activities in People’s
Army, Investigation Authority, and Procuracy
1.
Where the head of an authority assigned to conduct certain investigative
activities of the People’s Public Security Force or in the People’s Army
(hereinafter referred to as “assigned authority”) changes or revokes an
unfounded or unlawful decision of a deputy, or reassigns a deputy in the
investigation of a criminal case, such actions shall comply with Articles 4 and
5 of this Joint Circular.
2.
After issuing a decision to file criminal charges or a decision not to file
criminal charges, or applying preventive measures within its jurisdiction, the
assigned authority shall immediately send such decisions to the competent
Procuracy for prosecution in accordance with Articles 7 and 15 of this Joint
Circular. Where a decision not to file criminal charges issued by such
authority is revoked, the competent Procuracy shall issue a decision to file
criminal charges and request that authority to transfer all relevant documents
to the competent Investigation Authority for investigation.
3.
The dossier requesting the competent Procuracy to approve an order to arrest a
person held in an urgent case issued by a competent person as prescribed in
Points b and c Clause 2 Article 110 of the Criminal Procedure Code, and the
approval of a decision to file charges against a suspect issued by an assigned
authority, shall comply with Articles 10 and 15 of this Joint Circular.
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Article 38. Entry into force
1.
This Joint Circular comes into force as of March 15, 2026, replacing Joint
Circular No. 04/2018/TTLT-VKSNDTC-BCA-BQP dated October 19, 2018 of the Supreme
People’s Procuracy of Vietnam, the Ministry of Public Security of Vietnam, and
the Ministry of National Defense of Vietnam.
2.
The cooperative relationship among presiding authorities, presiding officers,
and other relevant agencies, organizations, and individuals in the filing of
charges, investigation, and prosecution of juveniles shall comply with the
Criminal Procedure Code, the Law on Juvenile Justice, this Joint Circular, and
other relevant laws.
3.
The cooperative relationship among presiding authorities, presiding officers,
and other relevant agencies, organizations, and individuals in implementing
certain regulations of the Criminal Procedure Code in the investigation and
prosecution of suspects tried in absentia shall be carried out in accordance
with relevant laws.
Article 39. Implementation
1.
The Supreme People’s Procuracy of Vietnam, the Ministry of Public Security of
Vietnam, and the Ministry of National Defense of Vietnam shall organize and
implement this Joint Circular.
2.
During the implementation of this Joint Circular, any arising difficulties
requiring further guidance or supplementation shall be promptly reported to the
Supreme People’s Procuracy of Vietnam, the Ministry of Public Security of
Vietnam, and the Ministry of National Defense of Vietnam for consideration and
resolution./.
PP. MINISTER
MINISTRY OF PUBLIC SECURITY
DEPUTY MINISTER
Senior Lieutenant General Le Quoc Hung
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PP. PROSECUTOR GENERAL
SUPREME PEOPLE’S PROCURACY
DEPUTY PROSECUTOR GENERAL
Ho Duc Anh